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Public Place Claims

2. How a Lawyer Can Help

Authors: Janelle Black
Firm / Chambers:
Last updated: 25 Aug 2015

A2. How a Lawyer Can Help lawyer can help you decide whether to make a public place claim. A lawyer’s initial job is to advise whether it is worthwhile or financially viable to make a claim. This will depend on how the injury occurred, its nature and extent. Your lawyer will look at whether there is sufficient evidence to prove negligence and how much compensation you will be entitled to claim.

A common reason why people engage a lawyer to act on their behalf is that many lawyers who work in the public liability field act on a ‘no win, no fee’ basis. This means that you will not have to pay their fees unless you receive compensation for your injury. Some lawyers may still require you to pay their disbursements. Disbursements are the expenses that your lawyer incurs while they are working on your claim such as postage, medical examinations, medical reports and photocopying.

Public place claims are usually handled between an insurance company (the respondent) and the person who has been injured (the claimant). Making a claim against a large insurance company can be intimidating and stressful. A lawyer can help you understand your legal rights and the claim process. They can keep you informed and at ease. This can be particularly helpful with complex claims that can take several years to be resolved. Working with a lawyer takes the pressure off whether you are the claimant or the respondent as you can leave it to the lawyer to guide you through the requirements of the law and claims process. This will minimise the impact on your daily life.

Disputes between claimants and other parties can arise when there are differences in opinion about the circumstances of the injury or the nature and extent of the injury. Lawyers are experienced when it comes to developing and presenting the best possible case to maximise your chances of a successful outcome.

If you are the party against whom the claim is being made and you have an insurance policy that covers you for claims of this nature then usually your insurer will defend the claim on your behalf. The insurer will have its own lawyers or will engage lawyers to act on its behalf. You will just need to provide information to the insurer or its lawyers.

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